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Candidate asks for dismissal of federal criminal charges

The Detroit News reports: Attorneys representing Macomb County Prosecutor Carl Marlinga believe federal prosecutors overstepped their bounds in charges that accuse their client of swapping legal favors for campaign contributions.

The indictment charges Marlinga with "both implicitly and explicitly" agreeing to be influenced by campaign contributions. In four motions filed Monday, his attorneys argue that implicit agreement is beyond the scope of what is punishable by law. His lawyers also argued that there is no evidence of an explicit agreement.

The indictment "implicates conduct which is not legally punishable, since only explicit agreements to provide a quid pro quo in exchange for campaign contributions may be prosecuted," attorneys argued in their motions. ...

Federal prosecutors believe Marlinga accepted campaign contributions through his co-defendants in exchange for re-opening one Macomb County rape case and intervening in another. -- Marlinga lawyers say fed charges are a reach - 11/16/04